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Attachment of Earnings received for debt not owed

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  • Attachment of Earnings received for debt not owed

    Good afternoon,

    Iím looking to receive some advice on behalf of my Sister-in-Law.

    She received on Friday 22/09 an attachment of earnings (AoE) order from the courts for an alleged debt owed to 1st Stop Recoveries Ltd. Having never heard of this creditor, or received any other correspondence in relation to this debt, she understandably called the courts to see what was going on.

    The courts advised her the AoE stands, and that 1st stop made the application for a debt of £250 which was taken in August 2012. She asked them why there had been no other correspondence, and the court advised that this is because there is another address held for her on file (which they gave her). She made the courts aware that she has never taken this debt or even heard of it before, but the courts advised she would have to contact the creditor who would have to contact them to remove the order.

    My sister-in-law then called 1st Stop Recoveries, who stated they couldnít help as the debt has been passed on and gave her the contact details for Asset Collections and Investigations Ltd. We spoke to a very unhelpful gentleman at Asset Collections (Jamie, Iíll name and shame!) who from what I could tell did not want to deal with the call 15 mins before his shift ends, so gave us another number to call, which was a dead line. We called Jamie back, who then stated that he couldnít help so we would have to call back on Monday.

    The Sister-in-Law called them back today, and they have told her they have no records of the loan. Called back 1st Stop Credit, they give the same excuse.

    We have filed a report of fraud with the police and have a fraud ref number (did this online). We has signed her up for Noddle and CallCredit and obtained her credit reports, nothing at all outstanding her. We have been through her bank statements to confirm there was no credit into her account in August 2012. She has never had any other bank accounts. I have also complete a CallML check to confirm she has been registered on the electoral role at her current address (not this extra address the court gave) her entire life.

    Unfortunately, we do not know where to turn now. The courts state the creditor must request the AoE be removed, and the creditor denies knowledge of the account. We have given them the court claim number and the reference stated on the AoE form, but still nothing. Clearly the sister-in-law is distraught that deductions from her meagre income will be made towards a debt which now stands at around £1,200!

    Any advice from here is most welcomed. Do we send Subject Access Requests to the creditors? this will take 28 days to be processed and cost her more money. Do we challenge the court over never having received a N56 form? I feel this could possibly be a case of mistaken identity (there are 4 other people in the town we know of with the same forename and surname as the sister in law) but no one is willing to do anything to check! Do I submit written complaints to 1st Stop Recoveries and the court in hope to get the ombudsmen involved? Also, how on earth will we go about getting any payments made under the AoE back once we finally get this sorted?

    Thanks for any help you can give!
    Paul
    Tags: None

  • #2
    Re: Attachment of Earnings received for debt not owed

    Have you thought to check https://www.trustonline.org.uk/search-yourself for details - small fee applies.

    Comment


    • #3
      Re: Attachment of Earnings received for debt not owed

      Originally posted by ploddertom View Post
      Have you thought to check https://www.trustonline.org.uk/search-yourself for details - small fee applies.
      Thanks for the reply.

      It doesn't seem this will give me any details that I don't already have. I know the issuing court and their reference. Is there anything else this search would tell me?

      Thanks

      Comment


      • #4
        Re: Attachment of Earnings received for debt not owed

        Just wondered if it may turn up the creditor - the original. If it is 1st Stop then they are giving you the runaround - they appear to buy some pay day loan debts as well as providing loans themselves. Could it be this debt goes back further than 2012 and may have been Statute Barred. Has she thought to ask the Court for the copies of the original documents about the CCJ.

        Have a read
        https://www.citizensadvice.org.uk/de...om-your-wages/

        Deduction Rates are similar to these for Council Tax:
        http://www.northampton.gov.uk/info/2...nt-of-earnings

        Comment

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